4 - Institutional Structure

Question 1

General remarks about the institutional structure of IOs? (6)

Answer 1

1/ continuous development

2/ IOs did not come out of the blue (ad hoc conferences, Vienna Congress, Concert of Europe)

3/ Secretariat (Bureau)

4/ Council (non-plenary organ)

5/ no linear development, but side by side

6/ general pattern and development (unity), but each IO is specific and unique (diversity)

Question 2

2 initial main functions of Council (non-plenary organ)?

Answer 2

1/ meet between Congress sessions

2/ supervise Secretariat

Question 3

Characteristics of treaty organs and examples? (4)

Answer 3

1/ rising frequency of “self-standing” or “stand alone” organs

2/ Conference of the Parties created by the UN Frame-work Convention on Climate Change

3/ ICC-ASP

4/ CITES

Question 4

Theory of treaty organs (= treaty bodies)? (4)

Answer 4

1/ institutionalized int. cooperation, but no IO

2/ often lack legal personality

3/ often connected to an IO

4/ under-researched

Question 5

Practice of treaty organs? (2)

Answer 5

1/ see different examples

2/ do they illustrate another disconnect between theory and practice?

Question 6

Characteristics of an IO’s general congress? (3)

Answer 6

1/ composition : plenary, representatives of gvts

2/ powers : general and supreme

3/ exception : UNSC which has primary resp., and not the UNGA

Question 7

What are some examples of the general and supreme powers of general congresses? (4)

Answer 7

1/ main policy decisions

2/ admission of new members

3/ election of Council members

4/ adoption of budget

Question 8

What are some examples of general congresses? (3)

Answer 8

1/ UNGA

2/ World Health Assembly

3/ Congress of the World Meteorological Organization

Question 9

Characteristic of the size and composition of an IO’s council?

Answer 9

Must be representative (bc it is a non-plenary organ)

Question 10

Examples of composition of non-plenary organs addressed in lecture? (4)

Answer 10

1/ UNSC

2/ ILO

3/ ICAO

4/ IMCO

Question 11

Composition of UNSC? (2)

Answer 11

1/ P5

2/ 10 other non-permanent members, elected by UNGA

Question 12

Characteristics of Secretariats? (3)

Answer 12

1/ secretariats of earliest IOs usually placed under supervision of a MS

2/ dilemma facing composition of Secretariat for LoN SG and ILO DG : staff representing MS or independent civil servants?

3/ now, uncontestedly admitted Secretariats must be independent from MS

Question 13

Practice of independence Secretariat - example of Trygve Lie (2)

Answer 13

2 main reasons for resignation :

1/ Soviet practice - pressure on SG

2/ US practice - McCarthyism

Question 14

Practice of independence Secretariat - example of OPCW (2)

Answer 14

1/ Bustani dismissed as DG

2/ ILO AT (2003) : reaffirmed independence of int. civil servants is an essential guarantee

Question 15

Does the independence of the staff of Secretariats mean they can say what they want? (2)

Answer 15

1/ see Connolly case (EU)

2/ see also rules on whistleblowing (Kompass case regarding sexual exploitation and abuse)

Question 16

What did the ICJ find in the Composition of the Maritime Safety Committee AO? (2)

Answer 16

1) Q: Was the non-election of LIBE and PAN to MSC contrary to Art 28(a) IMCO
2) A: Yes, since under practice of MSC largest ship-owning nations is determined SOLELY by ‘registered tonnage’.

Question 17

What UN Charter provisions relate to the independence of UN Secretariat? (3)

Answer 17

1) Art 100(1): staff of Sec. shall not receive instructions from govts and are responsibly only to the UN
2) Art 100(2): MS shall not seek to influence staff of the Sec.
3) copied by Council of Eur., OPCW, AIIB

Question 18

What did the ICJ find in the Effect of Awards AO? (3)

Answer 18

1) American UN Sec. staff dismissed following US pressure under McCarthyism
2) ex-staff brought claims under admin. tribunal and won - US refused to make compensation available
3) ICJ found that US had obligation to provide the compensation - it could not simply estab. the tribunal and endow it with the powers to then not respect.

Question 19

What did the UN Dispute Tribunal find in Kompass? (2)

Answer 19

1) The Director of Field Opeations and Technical Cooperation division at OHCHR had been placed on administrative leave pending investigation into alleged misconduct (breach of confidentiality)
2) found that such leave had to be justified by him posing a potential threat to the investigation’s integrity - this had not been proved